Starting tomorrow, those caught with a small amount of pot (30 grams or less) will be issued a summary violation. This will save the city’s criminal courts the burden of over 4,000 marijuana possession cases each year. Philadelphia’s new District Attorney Seth Williams announced the change in April as part of a broad court-reform package.
PhillyNORML’s analysis of the arrest data and continued discussions with city officials were instrumental to the change. Chris Goldstein, the group’s Communications Director, led the project.
Philadelphia has seen a significant increase in marijuana arrests over the last decade. PhillyNORML found that 4,716 adults were arrested for marijuana possession of less than 30 grams in 2008. Every individual endured a mandatory custodial arrest and full Criminal Misdemeanor prosecution in court.
Summary violations are issued for offenses such as Public Urination. The procedure for a summary violation gives police officers the option of performing a custodial arrest or issuing a court appearance date. Offenders then appear before streamlined diversion court pleading to non-misdemeanor charges. Consequences include fines, attending classes or performing community service.
Assistant District Attorney for the Trials Division, Ed McCann, confirmed that the implementation of the new procedure takes place June 8, 2010.
Chris Goldstein, in an OPED published 5/17/10 in the Philadelphia Inquirer, summarized the change:
“This is a pragmatic, procedural shift that was supported by other city officials and the state Supreme Court. It is not marijuana legalization, as … claimed, or even the decriminalization that has happened in other states and cities. It simply aligns Philadelphia’s procedures with those in the rest of Pennsylvania.”
PhillyNORML, the ACLU of PA and other local advocates welcomed the change.
